Finance Act 1998 (c. 36)

1998 CHAPTER 36

ARRANGEMENT OF SECTIONS

Part I

Excise Duties
1. Alcoholic liquor duties
  1. 1. Rate of duty on beer.
  2. 2. Adjustment of rates of duty on sparkling liquors.
  3. 3. Rates of duty on wine and made-wine.
  4. 4. Rates of duty on cider.
  5. 5. Drawback of excise duty on beer.
2. Hydrocarbon oil duties
  1. 6. Charge on production without delivery.
  2. 7. Rates of duties and rebates.
  3. 8. Ultra low sulphur diesel.
  4. 9. Mixtures of heavy oils.
3. Tobacco products duty
  1. 10. Rates of tobacco products duty.
4. Gaming duty
  1. 11. Rates of gaming duty.
5. Amusement machine licence duty
  1. 12. Rates of amusement machine licence duty.
  2. 13. Further exception for thirty-five-penny machines.
  3. 14. Video machines.
6. Air passenger duty
  1. 15. Fiscal representatives.
7. Vehicle excise duty
  1. 16. Rates of duty where pollution reduced.
  2. 17. Restriction of exemption for old vehicles.
  3. 18. Regulations relating to nil licences.
  4. 19. Failure to pay amount required in respect of void licence.
8. Assessments
  1. 20. Assessments for excise duty purposes.
Part II

Value Added Tax
1. 21. Deemed supplies.
2. 22. Changes of place of supply: transitional.
3. 23. Bad debt relief.
4. 24. Long leases in Scotland.
Part III

Income Tax, Corporation Tax and Capital Gains Tax
1. Chapter I
  
  Income Tax and Corporation Tax
  1. Income tax charge, rates and reliefs
    1. 25. Charge and rates for 1998-99.
    2. 26. Relief for a woman with a child and an incapacitated husband.
    3. 27. Married couple’s allowance etc. in and after 1999-00.
  2. Corporation tax charge and rates
    1. 28. Charge and rates for financial year 1998.
    2. 29. Charge and rates for financial year 1999.
  3. Corporation tax: periodic payments etc
    1. 30. Corporation tax: due and payable date.
    2. 31. Abolition of advance corporation tax.
    3. 32. Unrelieved surplus advance corporation tax.
    4. 33. Relief for interest payable under the Tax Acts.
    5. 34. Charge to tax on interest payable under the Tax Acts.
    6. 35. Further provision about interest payable under the Tax Acts.
    7. 36. Arrangements with respect to payment of corporation tax.
  4. Gilt-edged securities
    1. 37. Abolition of periodic accounting.
  5. Rents and other receipts from land
    1. 38. Taxation of rents and other receipts from land.
    2. 39. Land managed as one estate and maintenance funds for historic buildings.
    3. 40. Treatment of premiums as rent.
    4. 41. Tied premises: receipts and expenses treated as those of trade.
  6. Computation of profits of trade, profession or vocation
    1. 42. Computation of profits of trade, profession or vocation.
    2. 43. Barristers and advocates in early years of practice.
    3. 44. Change of accounting basis.
    4. 45. Meaning of “period of account”.
    5. 46. Minor and consequential provisions about computations.
  7. Gifts to charities
    1. 47. Gifts in kind for relief in poor countries.
    2. 48. Gifts of money for relief in poor countries.
  8. Employee share incentives
    1. 49. Employee share options.
    2. 50. Conditional acquisition of shares.
    3. 51. Convertible shares provided to directors and employees.
    4. 52. Information powers.
    5. 53. Provision supplemental to sections 50 to 52.
    6. 54. Amendments consequential on sections 50 to 53.
  9. Construction industry workers
    1. 55. Construction workers supplied by agencies.
    2. 56. Transitional provisions in connection with section 55.
    3. 57. Sub-contractors in the construction industry.
  10. Payments and other benefits in connection with termination of employment etc.
    1. 58. Payments and other benefits in connection with termination of employment, etc.
  11. Benefits in kind
    1. 59. Car fuel.
    2. 60. Reductions for road fuel gas cars.
    3. 61. Travelling expenses.
  12. Profit-related pay
    1. 62. Provision preventing manipulation of profit periods.
  13. Foreign earnings deduction
    1. 63. Withdrawal except in relation to seafarers.
  14. PAYE: non-cash benefits etc.
    1. 64. Transitory provision relating to tradeable assets.
    2. 65. Payment in the form of a readily convertible asset.
    3. 66. Enhancing the value of an asset.
    4. 67. Gains from share options etc.
    5. 68. Vouchers and credit-tokens.
    6. 69. Intermediaries, non-UK employers, agencies etc.
  15. The enterprise investment scheme and venture capital trusts
    1. 70. Qualifying trades for EIS and VCTs.
    2. 71. Pre-arranged exits from EIS.
    3. 72. Qualifying holdings for VCTs after 2nd July 1997.
    4. 73. Other changes to requirements for VCTs.
    5. 74. Other changes to EIS etc.
  16. Individual savings accounts etc.
    1. 75. Use of PEPs powers to provide for accounts.
    2. 76. Tax credits for accounts and for PEPs.
    3. 77. The insurance element etc.
    4. 78. Phasing out of TESSAs.
  17. Relief for interest and losses etc.
    1. 79. Relief for loan to acquire interest in a close company.
    2. 80. Relief for losses on unlisted shares in trading companies.
    3. 81. Group relief: special rules for consortium cases.
    4. 82. Carry forward of non-trading deficit on loan relationships.
  18. Capital allowances
    1. 83. First-year allowances for investment in Northern Ireland.
    2. 84. First-year allowances for small businesses etc.
    3. 85. First-year allowances: consequential amendments etc.
  19. Insurance, insurance companies and friendly societies
    1. 86. Life policies etc.
    2. 87. Non-resident insurance companies: tax representatives.
    3. 88. Overseas life assurance business.
    4. 89. Personal portfolio bonds.
    5. 90. Distributions to friendly societies.
    6. 91. Provisional repayments in connection with pension business.
  20. Pensions
    1. 92. Approved retirement benefit schemes etc.
    2. 93. Benefits received under non-approved retirement benefits scheme.
    3. 94. Approval of personal pension schemes.
    4. 95. Personal pensions: charge on withdrawal of approval.
    5. 96. Information relating to personal pension schemes etc.
    6. 97. Notices to be given to scheme administrator.
    7. 98. Assessments on scheme administrators.
  21. Futures and options
    1. 99. Extension of provisions relating to guaranteed returns.
  22. Securities
    1. 100. Accrued income scheme.
    2. 101. Dealers in securities etc.
    3. 102. Manufactured dividends.
  23. Double taxation relief
    1. 103. Restriction of relief on certain interest and dividends.
    2. 104. Adjustments of interest and dividends for spared tax etc.
    3. 105. Meaning of “financial expenditure”.
    4. 106. Underlying tax reflecting interest or dividends.
    5. 107. Notification of foreign tax adjustment.
  24. Transfer pricing, FOREX and financial instruments
    1. 108. New regime for transfer pricing etc.
    2. 109. Abolition of requirements for direction.
    3. 110. Determinations requiring the sanction of the Board.
    4. 111. Notice to potential claimants.
  25. Controlled foreign companies
    1. 112. Exempt activities.
    2. 113. Miscellaneous amendments.
  26. Changes in company ownership
    1. 114. Postponed corporation tax.
    2. 115. Information powers where ownership changes.
    3. 116. Provisions supplemental to sections 114 and 115.
  27. Corporation tax self-assessment
    1. 117. Company tax returns, assessments and related matters.
  28. Telephone claims etc.
    1. 118. Claims for income tax purposes.
    2. 119. Evidential provisions in PAYE regulations.
2. Chapter II
  
  Taxation of Chargeable Gains
  1. Rate for trustees
    1. 120. Rate of CGT for trustees etc.
  2. Taper relief and indexation allowance
    1. 121. Taper relief for CGT.
    2. 122. Freezing of indexation allowance for CGT.
  3. Pooling and identification of shares etc.
    1. 123. Abolition of pooling for CGT.
    2. 124. New identification rules for CGT.
    3. 125. Indexation and share pooling etc.
  4. Stock dividends
    1. 126. Capital gains on stock dividends.
  5. Non-residents etc.
    1. 127. Charge to CGT on temporary non-residents.
    2. 128. Disposal of interests in a settlement.
    3. 129. Attribution of gains to settlor in section 10A cases.
    4. 130. Charge on beneficiaries of settlements with non-resident settlors.
    5. 131. Charge on settlors of settlements for grandchildren.
    6. 132. Charge on settlors of pre-19th March 1991 settlements.
  6. Groups of companies etc.
    1. 133. Transfer within group to investment trust.
    2. 134. Transfer of company’s assets to venture capital trust.
    3. 135. Transfer within group to venture capital trust.
    4. 136. Incorporated friendly societies.
    5. 137. Pre-entry gains.
    6. 138. Pre-entry losses.
    7. 139. De-grouping charges.
  7. Abolition of reliefs
    1. 140. Phasing out of retirement relief.
    2. 141. Abolition of certain other CGT reliefs.
Part IV

Inheritance Tax etc.
1. 142. Property of historic interest etc.
2. 143. Removal of exemption for gifts for public benefit.
3. 144. Maintenance funds for historic buildings, etc.
4. 145. Accounting for property accepted in satisfaction of tax.
Part V

Other Taxes
1. Insurance premium tax
  1. 146. Travel insurance: higher rate tax.
  2. 147. Taxable intermediaries.
2. Landfill tax
  1. 148. Provisional collection of landfill tax.
3. Stamp duty
  1. 149. Stamp duty on conveyance or transfer on sale.
  2. 150. Relief from double stamp duties etc.
4. Stamp duty reserve tax
  1. 151. Depositary receipts and clearance services: exchanges of shares.
5. Petroleum revenue tax etc.
  1. 152. Gas valuation.
6. Gas levy
  1. 153. Reduction and abolition of gas levy.
7. Dumping duties
  1. 154. Repeal of Customs Duties (Dumping and Subsidies) Act 1969.
Part VI

Miscellaneous and Supplemental
1. Fiscal stability
  1. 155. Code for fiscal stability.
  2. 156. Annual Budget documents.
  3. 157. Supplementary powers of the Comptroller and Auditor General.
2. Government borrowing
  1. 158. Treasury’s position regarding their own securities.
  2. 159. Treasury bills.
  3. 160. National loans.
  4. 161. Non-FOTRA securities.
  5. 162. Accounting statements relating to National Savings.
3. The European single currency
  1. 163. Adoption of single currency by other member States.
4. Supplemental
  1. 164. Interpretation.
  2. 165. Repeals.
  3. 166. Short title.
Schedules:

An Act to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with Finance.

[31st July 1998]

Most Gracious Sovereign,

WE, Your Majesty’s most dutiful and loyal subjects, the Commons of the United Kingdom in Parliament assembled, towards raising the necessary supplies to defray Your Majesty’s public expenses, and making an addition to the public revenue, have freely and voluntarily resolved to give and grant unto Your Majesty the several duties hereinafter mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted, and be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part I Excise Duties

Alcoholic liquor duties

1 Rate of duty on beer

(1) In section 36(1) of the [1979 c. 4.] Alcoholic Liquor Duties Act 1979 (rate of duty on beer), for “£11.14” there shall be substituted “£11.50”.

(2) This section shall come into force on 1st January 1999.

2 Adjustment of rates of duty on sparkling liquors

(1) The [1979 c. 4.] Alcoholic Liquor Duties Act 1979 shall be amended as follows.

(2) In Part I of the Table of rates of duty in Schedule 1, in column 2 of the fourth entry (rate of duty per hectolitre on sparkling wine or made-wine of a strength exceeding 5.5 per cent. but less than 8.5 per cent.), for “201.50” there shall be substituted “161.20”.

(3) In section 62(1A)(a) (rate of duty per hectolitre on sparkling cider of a strength exceeding 5.5 per cent.), for “£37.54” there shall be substituted “£45.05”.

(4) This section shall be deemed to have come into force at 6 o'clock in the evening of 17th March 1998.

3 Rates of duty on wine and made-wine

(1) For Part I of the Table of rates of duty in Schedule 1 to the [1979 c. 4.] Alcoholic Liquor Duties Act 1979 (wine and made-wine of a strength not exceeding 22 per cent.) there shall be substituted—

Part I Wine or made-wine of a strength not exceeding 22 per cent.

Description of wine or made-wine	Rates of duty per hectolitre
	£
Wine or made-wine of a strength not exceeding 4 per cent.	46.01
Wine or made-wine of a strength exceeding 4 per cent. but not exceeding 5.5 per cent.	63.26
Wine or made-wine of a strength exceeding 5.5 per cent. but not exceeding 15 per cent. and not being sparkling	149.28
Sparkling wine or sparkling made-wine of a strength exceeding 5.5 per cent. but less than 8.5 per cent.	161.20
Sparkling wine or sparkling made-wine of a strength of 8.5 per cent. or of a strength exceeding 8.5 per cent. but not exceeding 15 per cent.	213.27
Wine or made-wine of a strength exceeding 15 per cent. but not exceeding 22 per cent.	199.03

(2) This section shall come into force on 1st January 1999.

4 Rates of duty on cider

(1) In section 62(1A) of the [1979 c. 4.] Alcoholic Liquor Duties Act 1979 (rates of duty on cider), for paragraphs (b) and (c) there shall be substituted the following paragraphs—

“(b) £37.92 per hectolitre in the case of cider of a strength exceeding 7.5 per cent. which is not sparkling cider; and

(2) This section shall come into force on 1st January 1999.

5 Drawback of excise duty on beer

(1) Section 42 of the [1979 c. 4.] Alcoholic Liquor Duties Act 1979 (drawback on exportation, shipment as stores etc.) shall cease to have effect.

(2) Subsection (1) above shall come into force on such day as the Commissioners of Customs and Excise may by order made by statutory instrument appoint.

Hydrocarbon oil duties

6 Charge on production without delivery

(1) In section 6 of the [1979 c. 5.] Hydrocarbon Oil Duties Act 1979 (excise duty on imported hydrocarbon oil and on oil produced and delivered for home use), in subsection (1)—

(a) for “subsections (2) and” there shall be substituted “subsection”; and

(b) the words from “and delivered” to “above” shall be omitted.

(2) For subsection (2) of that section there shall be substituted the following subsections—

“(2) Where—

(a) imported hydrocarbon oil is removed to relevant premises,

(b) the oil undergoes a production process at those premises or any other relevant premises, and

the duty charged on importation shall not become payable at any time after the production time.

(2AA) In subsection (2) above—

“the production time” means the time at which the oil undergoes the production process; and
“relevant premises” means—

(a)

a refinery;

(b)

other premises used for the production of hydrocarbon oil; or

(c)

premises of such other description as may be specified in regulations made by the Commissioners.

(2AB) For the purposes of subsection (2) above, oil undergoes a production process if—

(a) hydrocarbon oil of another description is obtained from it, or

(b) it is subjected to any process of purification or blending.”

(3) The preceding provisions of this section shall come into force on such day as the Commissioners of Customs and Excise may by order made by statutory instrument appoint.

7 Rates of duties and rebates

(1) In section 6(1A) of the [1979 c. 5.] Hydrocarbon Oil Duties Act 1979 (rates of duty on hydrocarbon oil)—

(a) in paragraph (a) (light oil), for “£0.4510” there shall be substituted “£0.4926”;

(b) in paragraph (b) (ultra low sulphur diesel), for “£0.3928” there shall be substituted “£0.4299”; and

(c) in paragraph (c) (heavy oil that is not ultra low sulphur diesel), for “£0.4028” there shall be substituted “£0.4499”.

(2) In section 11(1) of that Act (rebate on heavy oil)—

(a) in paragraph (a) (fuel oil), for “£0.0200” there shall be substituted “£0.0218”; and

(b) in each of paragraphs (b) and (ba) (gas oil which is not ultra low sulphur diesel and ultra low sulphur diesel), for “£0.0258” there shall be substituted “£0.0282”.

(3) In section 13A(1A) of that Act (rebate on unleaded petrol)—

(a) in paragraph (a) (higher octane unleaded petrol), for “£0.0150” there shall be substituted “£0.0050”; and

(b) in paragraph (b) (other unleaded petrol), for “£0.0482” there shall be substituted “£0.0527”.

(4) In section 14(1) of that Act (rebate on light oil for use as furnace fuel), for “£0.0200” there shall be substituted “£0.0218”.

(5) This section shall be deemed to have come into force at 6 o'clock in the evening of 17th March 1998.

8 Ultra low sulphur diesel

(1) In section 1 of the [1979 c. 5.] Hydrocarbon Oil Duties Act 1979, for subsection (6) (meaning of “ultra low sulphur diesel”) there shall be substituted the following subsection—

“(6) “Ultra low sulphur diesel” means gas oil—

(a) the sulphur content of which does not exceed 0.005 per cent. by weight or is nil;

(b) the density of which does not exceed 835 kilograms per cubic metre at a temperature of 15° C; and

(2) This section shall be deemed to have come into force at 6 o'clock in the evening of 17th March 1998.

9 Mixtures of heavy oils

(1) In section 20AAA of the [1979 c. 5.] Hydrocarbon Oil Duties Act 1979 (charge to duty on mixtures of oils), after subsection (2) there shall be inserted the following subsection—

“(2A) Where—

(a) a mixture of heavy oils is produced in contravention of Part IIA of Schedule 2A to this Act, and

(b) the mixture is not produced as a result of approved mixing,

a duty of excise shall be charged on the mixture.”

(2) In subsection (3) of that section, after “subsection (1)” there shall be inserted “or (2A)”.

(3) In section 20AAB of that Act (supplementary provisions about mixing of oils), in subsection (1), after “section 20AAA(1)” there shall be inserted “or (2A)”.

(4) In Schedule 2A to that Act (mixtures of oils to which duty applies), after paragraph 7 there shall be inserted the following—

“Part IIA Unrebated heavy oil

7A A mixture of heavy oils is produced in contravention of this paragraph if such a mixture is produced by mixing—

(a) ultra low sulphur diesel in respect of which, on its delivery for home use, a declaration was made that it was intended for use as fuel for a road vehicle; and

(b) heavy oil of any other description in respect of which, on its delivery for home use, such a declaration was made.”

(5) In paragraph 9 of that Schedule (rate of duty for mixtures of heavy oil), after sub-paragraph (1) there shall be inserted the following sub-paragraph—

“(1A) Subject to paragraph 10 below, duty charged under subsection (2A) of section 20AAA of this Act shall be charged at the rate for heavy oil in force at the time when the mixture is produced.”

(6) This section shall be deemed to have come into force at 6 o'clock in the evening of 17th March 1998.

Tobacco products duty

10 Rates of tobacco products duty

(1) For the Table of rates of duty in Schedule 1 to the [1979 c. 7.] Tobacco Products Duty Act 1979 there shall be substituted—

TABLE

1. Cigarettes	An amount equal to 22 per cent. of the retail price plus £77.09 per thousand cigarettes.
2. Cigars	£114.79 per kilogram.
3. Hand-rolling tobacco	£87.74 per kilogram.
4. Other smoking tobacco and chewing tobacco	£50.47 per kilogram.

(2) This section shall come into force on 1st December 1998.

Gaming duty

11 Rates of gaming duty

(1) For the Table in section 11(2) of the [1997 c. 16.] Finance Act 1997 (rates of gaming duty) there shall be substituted the following table—

Table

Part of gross gaming yield	Rate
The first £450,000	2½ per cent.
The next £1,000,000	12½ per cent.
The next £1,000,000	20 per cent.
The next £1,750,000	30 per cent.
The remainder	40 per cent.

(2) In section 11(3) of that Act (rate of duty for unregistered gaming), for “33⅓ per cent.” there shall be substituted “40 per cent.” (3) This section has effect in relation to accounting periods beginning on or after 1st April 1998.

Amusement machine licence duty

12 Rates of amusement machine licence duty

(1) In section 23 of the [1981 c. 63.] Betting and Gaming Duties Act 1981 (rates of amusement machine licence duty), for the Table in subsection (2) there shall be substituted the following Table—

TABLE

(1)	(2)	(3)	(4)
Period (in months) for which licence granted	Machines that are not gaming machines	Gaming machines that are small-prize machines or are five-penny machines without being small-prize machines	Other machines
	£	£	£
1	30	80	220
2	50	150	425
3	75	220	615
4	95	285	800
5	120	345	970
6	140	400	1,125
7	160	450	1,270
8	185	500	1,405
9	205	540	1,525
10	225	580	1,635
11	240	615	1,730
12	250	645	1,815

(2) This section shall apply in relation to any amusement machine licence for which an application is received by the Commissioners of Customs and Excise after 17th March 1998.

13 Further exception for thirty-five-penny machines

(1) In section 21(3A) of the [1981 c. 63.] Betting and Gaming Duties Act 1981 (excepted machines), for paragraphs (b) and (c) there shall be substituted the following paragraphs—

“(b) a five-penny machine which is a small prize machine; or

(c) a thirty-five-penny machine which is not a prize machine or which, if it is a prize machine, is not a gaming machine.”

(2) This section has effect in relation to the provision of an amusement machine at any time on or after 1st April 1998.

14 Video machines

(1) In section 21(3A) of the [1981 c. 63.] Betting and Gaming Duties Act 1981 (excepted machines), after paragraph (c) there shall be inserted “; or

(d) an excepted video machine.”

(2) After subsection (3A) of that section there shall be inserted the following subsections—

“(3B) For the purposes of this section an amusement machine is an excepted video machine if—

(a) it is a video machine which is not a prize machine;

(b) it is a machine on which a game can be played solo;

(d) the price to participate in a game on the machine for two or more players does not exceed 50p.

(3C) For the purposes of this section the price for a solo game on a machine does not exceed 35p if the denomination or aggregate denomination of the coin or coins that must be inserted into the machine to play the game solo does not or, where the machine provides differing numbers of games in different circumstances, cannot exceed 35p for each time the game is played.

(3D) For the purposes of this section the price to participate in a game on the machine for two or more players does not exceed 50p if the denomination or aggregate denomination of the coin or coins that must be inserted into the machine to play the game simultaneously with more than one player does not exceed or, where the machine provides differing numbers of games in different circumstances, cannot exceed 50p per player for each time the game is played.

(3E) For the purposes of this section a game is played solo if it is played by one person at a time (whether or not against a previous player).”

(3) Accordingly, in section 25 of that Act—

(a) in subsection (4) (no account to be taken of the fact that a machine may be played by more than one person at a time), after “description” there shall be inserted “other than an excepted video machine falling within section 21(3A)(d) above”; and

(b) in subsection (6) (excepted machine not to be treated as a number of machines), for the words “in the case of any machine” onwards there shall be substituted “for the purpose of determining whether a machine is an excepted video machine falling within section 21(3A)(d) above, or in the case of a pinball machine or a machine that is an excepted machine”.

(4) This section has effect in relation to the provision of an amusement machine at any time on or after the day on which this Act is passed.

Air passenger duty

15 Fiscal representatives

(1) After section 34 of the [1994 c. 9.] Finance Act 1994 (fiscal representatives) there shall be inserted the following section—

“34A Administrative representatives

(1) Subject to the following provisions of this section, where—

(a) the appointment of any person to be the fiscal representative of an aircraft operator contains a statement that the appointment is made for administrative purposes only,

(b) the operator has complied with any obligations for the provision of security imposed, in relation to appointments containing such statements, by any general directions given by the Commissioners, and

(c) the operator is not for the time being in contravention of any requirement to provide any security that he is required to provide under section 36 below,

that appointment shall have effect in accordance with subsection (2) below.

(2) Where the appointment of any person as a fiscal representative has effect in accordance with this subsection section 34(4)(b) and (c) above shall be taken, in the case of that person—

(a) not to impose any requirement on the representative to secure the payment of amounts of duty which are or may become due from his principal, and

(b) not to make him personally liable either to pay any such amounts or in respect of any failure by his principal to pay them.

(3) The security that may be required by general directions given by the Commissioners for the purposes of this section is any such security for the payment of amounts of duty which are or may become due from the person providing the security as may be determined in accordance with the directions.

(4) The power of the Commissioners under section 36 below to require the provision of security shall not include any power to require a fiscal representative of an aircraft operator whose appointment has effect in accordance with subsection (2) above to provide any security for the payment of amounts of duty which are or may become due from his principal.

(5) In this section references to an amount of duty include references to any penalty or interest that is recoverable as if it were an amount of duty, but only in so far as the penalty or interest is in respect of a failure by an aircraft operator to pay an amount of duty, or to pay such an amount before a certain time.”

(2) In section 34(4) of that Act (effect of appointment of fiscal representative), after “subsection (5)” there shall be inserted “and section 34A”.

Vehicle excise duty

16 Rates of duty where pollution reduced

Schedule 1 to this Act (which makes provision for reduced rates of vehicle excise duty to be applicable to certain vehicles adapted so as to reduce pollution) shall have effect.

17 Restriction of exemption for old vehicles

In paragraph 1A(1) of Schedule 2 to the [1994 c. 22.] Vehicle Excise and Registration Act 1994 (exemption for vehicles more than 25 years old), for the words “more than 25 years before the beginning of the year in which that time falls” there shall be substituted “before 1st January 1973.”

18 Regulations relating to nil licences

In section 22(2A) of the [1994 c. 22.] Vehicle Excise and Registration Act 1994 (provisions that may be made about nil licences), after paragraph (b) there shall be inserted the following paragraphs—

“(c) make provision (including provision requiring the payment of a fee) for cases where a nil licence is or may be lost, stolen, destroyed or damaged or contains particulars which have become illegible or inaccurate,

(d) require a person issued with a nil licence which ceases to be in force in circumstances prescribed by the regulations to furnish to the Secretary of State such particulars and make such declarations as may be so prescribed, and to do so at such times and in such manner as may be so prescribed.”

19 Failure to pay amount required in respect of void licence

(1) In subsection (1) of section 35A of the [1994 c. 22.] Vehicle Excise and Registration Act 1994 (offence of failing to return void licence)—

(a) in paragraph (a), for the words from “requires” to “the notice” there shall be substituted “contains a relevant requirement”; and

(b) in paragraph (b), for “within that period” there shall be substituted “contained in the notice”.

(2) After subsection (2) of that section there shall be inserted the following subsections—

“(3) For the purposes of subsection (1)(a), a relevant requirement is—

(a) a requirement to deliver up the licence within such reasonable period as is specified in the notice; or

(b) a requirement to deliver up the licence within such reasonable period as is so specified and, on doing so, to pay the amount specified in subsection (4).

(4) The amount referred to in subsection (3)(b) is an amount equal to one-twelfth of the appropriate annual rate of vehicle excise duty for each month, or part of a month, in the relevant period.

(5) The reference in subsection (4) to the appropriate annual rate of vehicle excise duty is a reference to the annual rate which at the beginning of the relevant period—

(a) in the case of a vehicle licence, was applicable to a vehicle of the description specified in the application, or

(b) in the case of a trade licence, was applicable to a vehicle falling within paragraph 1 of Schedule 1 (or to a vehicle falling within sub-paragraph (1)(c) of paragraph 2 of that Schedule if the licence was to be used only for vehicles to which that paragraph applies).

(6) For the purposes of subsection (4) the relevant period is the period—

(a) beginning with the first day of the period for which the licence was applied for or, if later, the day on which the licence first was to have effect, and

(b) ending with whichever is the earliest of the times specified in subsection (7).

(7) In a case where the requirement is a requirement to deliver up a vehicle licence, those times are—

(a) the end of the month during which the licence was required to be delivered up,

(b) the end of the month during which the licence was actually delivered up,

(d) the end of the month preceding that in which there first had effect a new vehicle licence for the vehicle in question;

and, in a case where the requirement is a requirement to deliver up a trade licence, those times are the times specified in paragraphs (a) to (c).”

(3) In section 36 of that Act (additional liability to be imposed on persons convicted of offences under section 35A), for subsection (4) of that section there shall be substituted the following subsections—

“(4) For the purposes of this section the relevant period is the period—

(a) beginning with the first day of the period for which the licence was applied for or, if later, the day on which the licence first was to have effect, and

(b) ending with whichever is the earliest of the times specified in subsection (4A).

(4A) the case of a vehicle licence those times are—

(a) the end of the month in which the order is made,

(b) the date on which the licence was due to expire,

(d) the end of the month preceding that in which there first had effect a new licence for the vehicle in question;

and, in the case of a trade licence, those times are the times specified in paragraphs (a) to (c).”

(4) After subsection (5) of that section there shall be inserted the following subsection—

“(6) Where—

(a) a person has been convicted of an offence under section 35A in relation to a vehicle licence or a trade licence, and

(b) a requirement to pay an amount with respect to that licence has been imposed on that person by virtue of section 35A(3)(b),

the order to pay an amount under this section shall have effect instead of that requirement and the amount to be paid under the order shall be reduced by any amount actually paid in pursuance of the requirement.”

(5) The preceding provisions of this section apply to notices sent and orders made on or after the day on which this Act is passed.

Assessments

20 Assessments for excise duty purposes

Schedule 2 to this Act (assessments for excise duty purposes) shall have effect.

Part II Value Added Tax

21 Deemed supplies

(1) Paragraph 5 of Schedule 4 to the [1994 c. 23.] Value Added Tax Act 1994 (disposal of business assets) shall be amended as follows.

(2) In sub-paragraph (2)(a) (exception for gifts of small value), for “is” there shall be substituted “of acquiring or, as the case may be, producing the goods was”.

(3) After sub-paragraph (2) there shall be inserted the following sub-paragraph—

“(2A) For the purposes of determining the cost to the donor of acquiring or producing goods of which he has made a gift, where—

(a) the acquisition by the donor of the goods, or anything comprised in the goods, was by means of a transfer of a business, or a part of a business, as a going concern,

(b) the assets transferred by that transfer included those goods or that thing, and

(c) the transfer of those assets is one falling by virtue of an order under section 5(3) (or under an enactment re-enacted in section 5(3)) to be treated as neither a supply of goods nor a supply of services,

the donor and his predecessor or, as the case may be, all of his predecessors shall be treated as if they were the same person.”

(4) In sub-paragraph (5) (transactions without consideration to be treated as supplies under paragraph 5 only where the supplier is a person entitled to credit for input tax), for “is” there shall be substituted “or any of his predecessors is a person who (disregarding this paragraph) has or will become”.

(5) After that sub-paragraph there shall be inserted the following sub-paragraph—

“(5A) In relation to any goods or anything comprised in any goods, a person is the predecessor of another for the purposes of this paragraph if—

(a) that other person is a person to whom he has transferred assets of his business by a transfer of that business, or a part of it, as a going concern;

(b) those assets consisted of or included those goods or that thing; and

(c) the transfer of the assets is one falling by virtue of an order under section 5(3) (or under an enactment re-enacted in section 5(3)) to be treated as neither a supply of goods nor a supply of services;

and references in this paragraph to a person’s predecessors include references to the predecessors of his predecessors through any number of transfers.”

(6) The preceding provisions of this section apply to any case where the time when the goods are transferred or disposed of or, as the case may be, put to use, used or made available for use is on or after 17th March 1998.

Finance Act 1998 (c. 36)

1998 CHAPTER 36

ARRANGEMENT OF SECTIONS

Part I Excise Duties

Alcoholic liquor duties

1 Rate of duty on beer

2 Adjustment of rates of duty on sparkling liquors

3 Rates of duty on wine and made-wine

Part I Wine or made-wine of a strength not exceeding 22 per cent.

4 Rates of duty on cider

5 Drawback of excise duty on beer

Hydrocarbon oil duties

6 Charge on production without delivery

7 Rates of duties and rebates

8 Ultra low sulphur diesel

9 Mixtures of heavy oils

“Part IIA Unrebated heavy oil

Tobacco products duty

10 Rates of tobacco products duty

TABLE

Gaming duty

11 Rates of gaming duty

Table

Amusement machine licence duty

12 Rates of amusement machine licence duty

TABLE

13 Further exception for thirty-five-penny machines

14 Video machines

Air passenger duty

15 Fiscal representatives

“34A Administrative representatives

Vehicle excise duty

16 Rates of duty where pollution reduced

17 Restriction of exemption for old vehicles

18 Regulations relating to nil licences

19 Failure to pay amount required in respect of void licence

Assessments

20 Assessments for excise duty purposes

Part II Value Added Tax

21 Deemed supplies

22 Changes of place of supply: transitional